Kuwait Court of Cassation principle number 495

An annulment action, as an action of an objective nature, aims to challenge the administrative decision itself in furtherance of the principle of legality. Its condition. The existence of a direct personal interest. It is not limited to the existence of a right defeated or affected by the decision whose annulment is sought. The condition of interest therein extends to anyone whose serious interest is affected by that decision, whether material or moral. - Issuance of a decision promoting someone to the position of Department Director before the lapse of the ten years required by Civil Service Council Decision No. 25 of 2006 concerning the conditions for holding supervisory positions. Its implication. The decision was issued contrary to law. Completion of the ten-year period some time after the decision’s issuance has no effect. The reason for this. What matters is the legal and factual grounds on which the decision rested at the time of its issuance, not newly arising facts. - The appellant’s failure to satisfy the conditions for promotion to the same position because the period had likewise not been completed in his case. Does not preclude his having an interest in challenging the respondent’s occupancy of that position. The reason for this. Because he hopes to occupy it in the future, and because denying him the opportunity to challenge the decision within the legally prescribed period on the pretext that he lacks an interest deprives him of occupying that position in the future and immunizes the respondent’s position. The judgment’s departure from this view and its ruling that the action is inadmissible for lack of interest. Vitiates it and requires its cassation. - Characterization of the administrative decision:-